Expert Legal Guidance for K1 & Marriage Visas in San Diego
A United States citizen who is engaged to marry their foreign fiancé is permitted to bring them from overseas to the United States with a K-1 fiancé visa. This type of visa requires that you get married within 90 days. If your fiancé has children under 21 years of age, they can also come with a K-2 visa.
Our immigration laws also allow American citizens to apply for a K-3 visa if they choose to get married in their fiancé’s home country first and then bring their spouse to the United States. The Rodriguez Law Firm has had the pleasure of helping many clients with their fiancé visas in San Diego. With our extensive experience in immigration law and personalized legal strategies, we ensure that the unique needs of each client are met efficiently.
If you have any questions about the fiancé visa process, call our San Diego immigration lawyer at (619) 332-1703for a consultation. Se habla Español.
Requirements for a K-1 Fiancé Visa
To petition for a K-1 fiancé visa, you must meet the following requirements:
You are a U.S. citizen
You have met your fiancé in person at least once within the past two years
You are both single, i.e., free to marry
You and your fiancé have no disqualifying criminal history
You can financially support your fiancé
If you or your future spouse have a disqualifying criminal history, you can apply for a waiver. Additional waivers are available if meeting your spouse in person would cause extreme hardship or violate strict, long-established cultural practices for either you or your fiancé. It's important to gather all relevant supporting documents to strengthen your application, which our legal team can assist with.
Required Documentation for the K-1 Visa
In addition to proving that you are in a bona fide relationship with your fiancé, the National Visa Center (NVC) will require various supporting documents. It's crucial to have a comprehensive documentation strategy that aligns with USCIS standards.
To get the K-1 Visa, the U.S. citizen and foreign fiancé must:
Correctly complete and file the form I-129 petition for an alien fiancé
Prove the petitioner is a United States citizen through a U.S. birth certificate or naturalization certificate
Prove they are legally able to marry each other (not married to someone else)
Get married within 90 days of admission to the United States
Prove they met in person at least once within two years (unless exception)
Pay all filing fees, provide a passport-type photo, and complete biometrics
Provide an affidavit of support to show you meet minimum income requirements
Submit any criminal records or police clearance letters, if applicable
Provide a divorce decree, if applicable
Your readiness in preparing these documents can significantly influence the outcome of your visa request. Our seasoned team is ready to assist, ensuring accuracy and completeness to avoid unnecessary delays.
The K-1 Fiancé Visa Process
Applying for a K-1 visa can take anywhere between 6-12 months. The process does not have a premium processing service option. However, you can take certain steps to reduce both delays and the chances of your visa being denied. Understanding every step of the process, from initial submission to final approval, can mitigate common mistakes and streamline your application.
Process for Obtaining a K1 Fiancé Visa
The process starts when you send the petition to the USCIS office.
Once the application is approved, it will be forwarded to the National Visa Center (NVC).
If the petition, background checks, and supporting documents are in order, the NVC will request the fiancé undergo a medical exam at a medical facility of their choice.
Your fiancé will be scheduled for an interview, and if the petition is approved, they will be allowed to enter the United States with their K-1 visa.
You must provide any necessary documents, such as a letter of intent to marry and proof of the authenticity of your relationship. You must ensure you are eligible to marry your partner, providing divorce or annulment records for previous marriages if necessary. An immigration attorney can best help you prepare your case and provide peace of mind in your application.
Our firm can navigate these stages alongside you, offering updated guidance on any changes in policy or procedure specific to San Diego, ensuring your case is approached with both local and legal insight.
San Diego-Specific Considerations for Visa Applications
San Diego has its own set of considerations when it comes to immigration proceedings, given its proximity to the Mexican border and its role as a major port of entry to the United States. Understanding the local context is crucial in ensuring a successful visa application process. It's not uncommon for applicants to experience unique challenges at local borders, and being prepared with the right documentation and knowledge of local customs can ease the process.
At Rodriguez Law Firm, our extensive experience in San Diego allows us to provide tailored advice and representation. We understand the nuances of interacting with local USCIS offices and can help you navigate any potential pitfalls unique to the area. This local expertise is a key differentiator in successfully obtaining K1 & marriage visas.
Frequently Asked Questions
What Happens After My Fiancé Arrives in San Diego on a K-1 Visa?
Once your fiancé arrives in San Diego on a K-1 visa, you have 90 days to get married. It is essential to adhere to this timeline because failing to marry within three months can result in your fiancé having to leave the United States. After getting married, you can apply for Adjustment of Status to secure a Green Card for your fiancé. This process involves submitting Form I-485 to USCIS, along with supporting documents like proof of marriage and financial asset documentation. While awaiting Green Card approval, your fiancé may also apply for Employment Authorization to work legally in the United States during this period.
Can I Apply for a Marriage Visa if My Fiancé Has a Criminal Record?
If your fiancé has a criminal record, it may complicate the visa application process, but it does not automatically disqualify you from obtaining a K-1 visa. Certain offenses can be waived if they meet specific criteria, such as minor violations or incidents that happened many years ago. Consulting with a knowledgeable immigration attorney at Rodriguez Law Firm is crucial to assess eligibility and explore possible waivers. Our team can help you compile necessary documents and prepare compelling justifications to present to USCIS.
How Long Does Adjustment of Status Take in San Diego?
The timeline for Adjustment of Status in San Diego can vary based on numerous factors, including USCIS caseloads and the completeness of your submitted documentation. Typically, the process might take anywhere from 8 to 14 months. During this time, applicants should be ready to respond promptly to any requests for additional information from USCIS. To facilitate a smooth process, thorough preparation and filing with the help of an experienced attorney can mitigate delays and complications.
K-2 Visa for the Children
The K-2 visa permits the children of a K-1 fiancé visa holder to enter the United States. To be eligible for the K-2 visa, the fiancé’s child or children must be under 21 years old and not married. The K-2 visa offers the child the option to accompany their K-1 parent to the United States. Once the U.S. citizen and fiancé get married, the child can adjust their status to permanent resident by filing their own form I-485. Ensuring proper documentation and adhering to all procedural requirements will facilitate a smooth transition for children joining their family in the U.S., and our lawyers can guide you through these complexities.
K-3 Visa or Marriage Visa for Foreign Spouse
This visa is available to the foreign spouse of a U.S. citizen living abroad to enter the United States. The K-3 visa allows the foreign spouse of a U.S. citizen who has already filed the I-130 Petition to enter the United States and wait for approval of the form I-130 petition. You will be required to show proof that you filed the I-130 Petition. Proof of the I-130 should be included with the K-3 visa application. Once your I-130 is received, they will send you a receipt which can be used to file the form I-129F Petition for a Fiancé visa. When USCIS approves the petition, it will send it to the National Visa Center for processing.
The K-3 visa permits the foreign spouse to enter the United States and be with their U.S. spouse while waiting for the process of an immigrant visa or their green card. However, the processing time for the K-3 visa is currently lengthy and not recommended by many immigration attorneys. To navigate these challenges, it's important to have reliable legal support to explore alternative visa pathways or expedition strategies available specifically for San Diego residents.
Do I Need an Immigration Lawyer for A Spouse Visa?
While hiring an immigration lawyer for a spouse visa application is not legally required, having the assistance of an experienced marriage visa attorney can significantly increase your chances of success. If you are considering applying for a spouse visa, also known as a marriage-based visa or CR-1 visa, below are some key reasons why seeking guidance from a fiancé visa or spouse visa lawyer is beneficial:
Legal Expertise: A spouse visa application involves navigating complex immigration laws, forms, and documentation requirements. An experienced lawyer in family immigration can provide valuable guidance throughout the entire process, ensuring your application is properly prepared and submitted. Avoid delays and ensure your process runs smoothly by getting in touch with Rodriguez Law Firm for a consultation.
Case Evaluation: A seasoned spouse visa lawyer can evaluate your unique circumstances, including any potential complications or issues that may arise. They can assess your eligibility, identify potential challenges, and develop a strategic plan to overcome any obstacles.
Documentation & Form Preparation: One of the critical aspects of a successful spouse visa application is the preparation of accurate and thorough documentation. A skillful attorney can assist you in gathering the necessary evidence, completing the required forms, and ensuring all documentation is properly organized and presented to USCIS (U.S. Citizenship and Immigration Services).
Legal Representation: If complications or issues arise during the application process, having a spouse visa lawyer by your side can provide peace of mind. At Rodriguez Law Firm, we can advocate for your rights and interests, communicate with USCIS on your behalf, and handle any legal matters that may arise during the process.
Whether you're handling complex legal barriers or simply seeking reassurance through the application process, our services are geared to provide you with the expert support needed to bring about a favorable outcome.
Call Our Experienced Fiancé Visa Lawyer in San Diego
At our firm, we understand the importance of effective communication and ensuring our clients feel comfortable throughout the process. That's why we offer services in both English and Spanish. With over 20 years of experience in family immigration law, we have helped numerous clients successfully navigate the spouse visa application process in California.
If you are considering completing a spouse visa application, don't hesitate to seek assistance from a qualified family immigration attorney at Rodriguez Law Firm. Contact our experienced spouse visa lawyer for a consultation – we are dedicated to providing personalized and knowledgeable legal representation to help you reunite with your spouse in the United States. Understanding the nuances of local immigration policy and staying updated on any procedural changes can make a substantial difference in the outcome of your case.
Contact our officeand speak with a San Diego immigration attorney to explore your options.
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“His hard work and dedication has made it possible for me to apply for my U.S citizenship and keep my family together. I am forever grateful to John Rodriguez and his team!!”
After consulting with other attorneys about my case I was told that my criminal/immigration case was extremely complexed. I was turned down by several other attorneys that would not take on my case. I was facing deportation without eligibility for any waivers. After many sleepless nights I came across Rodriguez LawFirm and I am glad I did!! John was very honest, and truthful but also very compassionate. After speaking with John my very first time, I felt like there was hope for my case. John Rodriguez and his team are extremely professional, and effective. John fought for me and my family with a relentless passion and conviction. John kept me well informed walking with me through the whole process. In fact there were several of weekend nights that he would call to update me on my case. He always kept me feeling positive. I believe John Rodriguez is living out his calling in changing immigrant families lives and futures.He was able to vacate my criminal case. His hard work and dedication has made it possible for me to apply for my U.S citizenship and keep my family together. I am forever grateful to John Rodriguez and his team!!
Claudio C.
“I could not have asked for a better group of professionals to work with to get us through to the next stage in the process we cannot thank you enough.”
John, we cannot thank you and all of your team enough for the assistance you firm provided us. Olavo, Susan, Valeria, and you ensured all required requested documents for the processing of E.L and my fiance visa were collected and timely sent to USCIS. Within less than two weeks of submitting our response to the USCIS our case was approved and sent on to the NVC. I could not have asked for a better group of professionals to work with to get us through to the next stage in the process. We cannot thank you enough and look forward to meeting you and your team someday when we visit San Diego.
RK & EL
“The process was fast I’m thankful that they did everything for my case! I’m so happy, thank you again Mr. Rodriguez!”
Lawyer Rodriguez is the best he helped me a lot with my case. The process was fast I’m thankful that they did everything for my case! I’m so happy, thank you again Mr. Rodriguez!
Anibal Rodolfo
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It’s amazing! I’m glad I chose to call Rodriguez Law Firm and have Mr. John Rodriguez work on my DUI case while other lawyers had told me it wasn’t going to be possible and that I could be facing deportation due to that fact that I’m a DACA Recipient so I had little hopes considering this DUI was with a crash and an alcohol percent of .23 and DACA as well, But yet with the help of Mr. Rodriguez and how he was able to negotiate things he managed to get a wet wreck less which was something that I’m extremely pleased with, thanks to him it won’t affect my DACA and I have a second chance to do things right. I would highly recommend Rodriguez Law Firm they’re outstanding at what they do.
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“I cannot thank you enough John for your professionalism and dedication in fighting and helping win my case.”
Attorney John Rodriguez is a persistent lawyer who is dedicated to fighting your case to get you the best possible outcome. He certainly did for me! He called me at 11:30 pm on a Friday night to give me an update. I do not think there is another lawyer out there who would do this. I could not have received a better outcome in my case. After working with John and his team, I know that I made the best choice for myself. Should I need immigration or criminal representation in the future, John is the first person I would be calling. I cannot thank you enough John for your professionalism and dedication in fighting and helping win my case.
S. K.
“He was kind and empathetic to my husband's situation but also took the time to be honest and explain the risks.”
“This process took over a year because of the court's backlog but through it, all John stayed positive, kept us on track, and my family and I couldn't be more grateful and thankful for all of his hard work.”
